Is this Section 21 valid?

ulleswater

Received a Section 21 on the 03/12/13. Asked to leave after 30th Jan. Should we not get two months notice?

RAS

Are you fixed term or periodic tenancy?

ulleswater

Periodic Tenancy

Guest101

As it says after, rather than on. I believe it is valid, the date they can apply for eviction is the real question, my opinion is the 28th of feb / 1st march. (Unsure if your last day is the 30/31st or not). but others may correct me on this. The logic would be if u gave notice now, u would be liable until 31st January, so another month for LL

rpc

The notice won't expire (i.e. be able to be taken to court) until the end of a rental period on/after 2nd February. What are your rent periods?

Is the deposit protected? Were you given the prescribed information promptly? If the answer to either of those is 'no' then no S21 will be valid until the deposit is back in your hands.

On the face of it, it looks OK.

Zorz_2

This notice is invalid in my opinion. The fact that it doesn't give at least two tenancy periods notice (2 months) is sufficient. You can even see it in the note (C)(b)! And it doesn't even have the "saving clause".

I agree with theartfullodger, do or say nothing for the moment.

V_Chic_Chick

Yep, not two months so invalid.

Was your deposit protected in one of the schemes (e.g. mydeposits) and were you given the relevant information within 30 days?

If not, that's another thing that makes the S21 invalid. However, keep that powder dry.

Assuming you want to stay, then they'll take you to court and get the case thrown out because it was less than 2 months notice. They will then issue another S21, which will also be invalid because if haven't protected the deposit, so that's another case thrown out of court and at least another 2 months you've got in the property. Then you'll just have to wait and see whether or not S21 number 3 is valid!

G_M

It is a S21 4 (a) - therefore a periodic tenancy.

If your periods run from 30th to 29th each month, then a S21 dated 2/12/13 would run for two full tenancy periods from 30/12/13 to 29/2/14

(Actually it is the date of service that matters, not the date the S21 is written - but in this case that will make no difference since presumably service was yesterday or today).

BitterAndTwisted

Periods are unlikely to run from the 29th of the month to the 30th of the month following as that's month and two days. Much more likely to be from 29th to the 28th.

Still, a Section 21 issued on the 2nd means that the landlord can apply to the court for possession on or after the first of January. Which is what that document implies.

thesaint

Why have you been served a Sec 21?

ulleswater

Thanks for all your help.

The Letting Agents are truly rubbish. We have known for months that our landlord is selling and have been waiting for this notice.

I have called the Letting agents and informed them of their mistake and emailed the landlord.

We could have waited and stayed longer, but we are happy to move.